(1.) As all the captioned applications under Section 389 of the Code of Criminal Procedure, 1973, for suspension of the substantive order of sentence of life imprisonment arise from a self-same judgment and order of conviction and sentence passed by the trial court, those were heard analogously and are being disposed of by this common order.
(2.) These applications under Section 389 of the Code of Criminal Procedure, 1973, are at the instance of six convicts seeking suspension of the substantive order of sentence of life imprisonment passed by the 3rd Additional Sessions Judge, Surat, dated 1st May 2018, in the Sessions Case No.152 of 2011.
(3.) We take notice of the fact that two cross-cases were tried together and both the sessions cases came to be disposed of by a common judgment and order. The six applicants herein seeking suspension of the substantive order of sentence are original accused nos.2, 10, 11, 17, 18 and 19 respectively of the Sessions Case No.152 of 2011. All the six applicants herein have been convicted for the offence punishable under Section 302 IPC simpliciter by determining their individual liability and have been sentenced to undergo life imprisonment. The trial court disbelieved the case put up by the prosecution of unlawful assembly and common object. Accordingly, all the accused persons of both the cases came to be acquitted of the offences punishable under Sections 147, 148, 149, 427, 504, 506(2) and 120B of the Indian Penal Code. The State has preferred the Criminal Appeal No.1077 of 2018 against the judgment and order of acquittal passed by the trial court in so far as the Sessions Case No.152 of 2011 is concerned. The State has thought fit to file acquittal appeal so far as the acquittal of the accused persons of the offences punishable under Sections 147, 148, 149, 427, 504, 506(2) and 120B of the Indian Penal Code is concerned.
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